Bills Digest no. 34 2006–07

WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.

Commencement:Sections 1 to 3 and any other provision in the
Bill not covered in Schedules 1 and 2 on the day of Royal Assent.
Schedules 1 and 2 at the same time as the AustralianParticipants in British Nuclear Tests (Treatment) Bill
2006 commences.

The Australian Participants in British Nuclear Tests
(Treatment) Bill 2006 provides for the testing and treatment
for cancers for Australian participants in British nuclear tests in
Australia in the 1950s and 60s.(1) This Bill amends
other Acts as a consequence of this Bill.

Items 1 and 2 amend the Aged Care Act
1997 (ACA) to allow the Secretary of the Department of Health
and Ageing to release information to the Secretary of the
Department of Veterans Affairs in connection to treatment or
testing provided under the AustralianParticipants in
British Nuclear Tests (Treatment) Bill 2006 (APBNTT).

Items 3and 4 refers to
section 96-10 of the ACA, which details that amounts provided or
expended under the ACA, come out of the consolidated revenue fund.
This amendment to subsection 96-10 clarifies that amounts expended
or provided under the APBNTT are drawn from the consolidated
revenue fund, under the APBNTT, rather than the ACA.

Items 5 and 6 amend the Income Tax
Assessment Act 1997 (ITAA) to ensure that travel expenses are
not taxable income for the purposes of the ITAA.

Item 7 amends the National Health Act
1953 (NHA) to include a person receiving treatment under the
APBNTT as a person meeting the definition of a repatriation nursing
home patient in the NHA. Previously, this definition only referred
to persons defined as an eligible veteran in the NHA, which did not
include nuclear tests participants.

Item 8 amends the NHA to change the definition
of a Medicare card to include a card issued under the APBNTT.

Items 9 and 11 amend the NHA definition of a
repatriation pharmaceutical benefit to include a pharmaceutical
benefit provided under the APBNTT.

Item 12 amends the Social Security Act
1991 (SSA) to exempt as income payments provided under the
APBNTT.

The date that the government made its decision to provide for
the treatment and testing for cancer for eligible nuclear test
participants was 19 June 2006.(2) The date that
treatment and screening is to be provided for can be up to three
months prior to the date of claim or from 19 June 2006, whichever
is the later. Items 1 and 2 in Schedule 2 are
transitional provisions and ensure that the provision for treatment
or testing can be made up to three months prior to the date of a
claim but not before 19 June 2006, being the date the Government
made its decision.

Concluding comments

This Bill provides for amendments to other Acts arising from the
passage of the APBNTT. This Bill also provides for
transitional provisions for the earliest start date that payments
can be provided for testing or treatment under the APBNTT, being
three months prior to the date of claim or 19 June 2006, whichever
is the later.

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